Sec. 356.401. METHOD OF SALE; REQUIRED NOTICE. (a) A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 356.403(c), the personal representative of an estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations. The notice must:
(1) include a reference to the order of sale;
(2) include the time, place, and required terms of sale; and
(3) briefly describe the real estate to be sold.
(b) The notice required by Subsection (a) is not required to contain field notes, but if the real estate to be sold is rural property, the notice must include:
(1) the name of the original survey of the real estate;
(2) the number of acres comprising the real estate;
(3) the location of the real estate in the county; and
(4) any name by which the real estate is generally known.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 356 - Sale of Estate Property
Subchapter I. Sale of Real Estate: Public Auction
Section 356.401. Method of Sale; Required Notice
Section 356.402. Completion of Auction
Section 356.403. Time and Place of Auction